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HomeMy WebLinkAbout2007-05-04 TPITTULO PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MAY 4, 2007 A regularly advertised hearing on the application of JUSTIN PITTULLO AND NANCY was called to order at2:45 p.m. in the County of Hawaii, Aupuni HAMADA (REZ 07-000061) Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman William Graham presiding. PRESENT:William GrahamABSENT & EXCUSED: Andrew Iwashita C. Kimo Alameda Takashi Domingo Rene€Siracusa Alvin Rho Rodney Watanabe Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Planning Program Manager Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And approximately 9 people from the public in attendance APPLICANTS: JUSTIN PITTULLO AND NANCY HAMADA (REZ 07-000061) Change of Zone from Agricultural 1-acre (A-1a) to Neighborhood Commercial 20,000 square feet (CN-20) for approximately 1.022 acres of land. The property is located on the south side of Ponahawai Street approximately 950 feet east of the Komohana Street/Ponahawai Street intersection, Ponahawai, South Hilo, Hawaii, TMK: 2-3-37: 11. GRAHAM:Our next item of business in our New Business Agenda is a Change of Zone application from Justin Pittullo and Nancy Hamada. This is from Ag -1a to Neighborhood Commercial 20,000 square feet for approximately 1 acre. It is located on the south side of Ponahawai Street, approximately 950 feet east of the Komohana Street/Ponahawai Street intersection, in South Hilo, Hawaii. Jeff? DARROW:Thank you, Mr. Chairman. If I can direct the Commission€s attention to the location map. Just for reference, this white line moving in a north-south direction is Komohana Street. This white line moving in an east-west direction is Ponahawai Street. The next two applications will be in the similar area. The application that we€re going to be working on at this time is identified in red. The applicants, Justin Pittullo and Nancy Hamada, are requestingaChangeofZonefromAgricultural1-acretoNeighborhoodCommercial20,000 square feet for 1.022 acres of land. 1EXHIBIT B If I can direct your attention to the applicant€s plot plan submitted with the application, the property is rectangular in shape. We have Ponahawai Street on the north side. There is an existing 5,800-square foot dwelling on the property at this time that€s being constructed. The applicant is proposing to utilize this existing structure for medical offices as well as commercial uses. The condition to mention is Condition C. This is a condition requiring the applicants to extend an 8-inch waterline along Ponahawai Street from the existing 12-inch waterline within Komohana Street to connect to the existing 8-inch and 6-inch waterlines within Ponahawai Street to obtain the 2,000 gallons per minute fire flow requirement. The applicant this morning has submitted a revised version of this condition; and I€ll refer to them to explain the revision. The Planning Director is recommending that a favorable recommendation be forwarded to the Hawaii County Council. Are there any questions? GRAHAM:Thank you, Jeff. Commissioner Siracusa? SIRACUSA:Yes. Is the way this map is oriented, is makai on the top and mauka on the bottom? DARROW:Correct,makaiwouldbeuponthisside,maukawouldbehere.Andthis would be north and this south. SIRACUSA:So it€s really we should be thinking upside down when we€re looking at this. DARROW:I guess so. It€s similar to as you see the location map. GRAHAM:Mr. Hayashi? HAYASHI:Yes. As far as this particular site plan, this is the mauka side. This is Ponahawai Street, so this would be makai. And this building is currently under construction. It was originally signed off as a single family dwelling; and that€s how it€s being constructed. The applicant now intends to convert this particular building for commercial uses. They haven€t indicated any other commercial buildings on the property. ALAMEDA:Mr. Chair? GRAHAM:Yes, Commissioner Alameda. ALAMEDA:Just for point of reference, could you point out the Church of Jesus Christ of Latter Day Saints. HAYASHI:The church would be in this, let€s see, if you look at this map here, this is the subject property; and the church would be right here. ALAMEDA:Okay, thank you. 2EXHIBIT B GRAHAM:Thank you. Other questions from Commissioners? Mr. Yuen, I had a question maybe you could help me with. Generally we act on rezoning applications with a lot of attention paid to the General Plan, whether it conforms or not. And I think on these two applications we have here this afternoon they both conform, so there€s no fault to be found with them in that regard. However, we do have sort of a substantial portion of green land here which, you know, can be urbanized. And given the General Plan designation there are a lot of different urbanizations possible. Like these two here we have today are different. So I€m just thinking, we do have individual property owners and individual property owners have their own plans that they like and what they like to do with their property, but, you know, there is some way that you€d like the whole package to come up with some kind of conformity that sticks together and works as a unit. Does the Planning Department really have any way to deal with that concern? Could you just speak to that, please. YUEN:We don€t have a master plan for Ponahawai Street. And the difficulty withPonahawaiStreetisthatitwassubdividedintoone-acrelots.Sothismeansthattheyhavea variety of owners, some of whom see their future as a multi-family, and some see it as a commercial; and that€s what you€re seeing. To give you a contrary example of trying to send a direction in the General Plan, in the General Plan revisions last time, you know, Waiakea House Lots is where a similar thing happened in a way because you took, there was an area that was previously Low Density Urban in the General Plan and then put into Medium Density. All right? And then it opens the door for a lot of decisions which can be made by a particular landowner and then decided on at the rezoning stage on a case-by-case basis like we€re doing here by the Planning Commission and by the County Council. That was starting to feel a little haphazard in the Waiakea House Lots; and so we proposed a text amendment to the General Plan which suggested that Commercial rezonings should take place along certain streets, Manono Street, Lanikaula Street, which are the major streets for the movement of traffic and that along the side streets like Laukapu Street, Hinano Street, the General Plan is encouraging Residential rezonings. So you would have the Residential rezonings more on the interior. So that€s an example of trying to send a direction. But we haven€t done that for Ponahawai Street, and yes we have been just seeing a series of applications. And if these are passed and they developed according to the application, what you€re going to see are a mixed group of some commercial and typically office type buildings and a few relatively small apartment buildings. It€s unfortunate, and to tell you the truth, the property was subdivided according to an Ag-1 zoning. There was a tentative subdivision approval when we came in, my administration came into the Planning Department. I knew this was exactly what was going to happen, but it did have tentative subdivision approval and was approved with the one-acre lots. And when I say that€s what€s going to happen, that once you start, you know, it€s a lot easier to master plan an area or to have a coordinated development of an area when you have one owner who has 5, 10, 15, 20 acres and they can create something. And typically from both a planning and an aesthetic point of view you€ll have a better area when you have an area where somebody owns 10 acres and they come in and -. If we had one owner come in with 10 acres we€d probably wind up a more, almost certainly will wind up with a better plan and more coordinated area; but that€s simply not what we have. GRAHAM:Yeah, thank you. It seems to me like maybe this is sort of a situation where the community development plan process can be helpful if the community wants to push a 3EXHIBIT B particular direction for some area like this. All right, any further questions for Jeff before the applicant comes forward? All right, could we have the applicant, please. ZELKO:Good morning, Commissioners. Jennifer Zelko on behalf of -. GRAHAM:I€d like to swear you in first if I could. Could you all raise your right hands. And do you swear or affirm to tell the truth before the Planning Commission today on this matter? TESTIFIERS:Yes. I do. GRAHAM:Thank you. And go right ahead and give your name and address. ZELKO:Yes. Good morning, Jennifer Zelko on behalf of the applicant, Justin Pittullo.Myaddressis121WaianuenueAvenue,Hilo,Hawaii96720. PITTULLO:Goodafternoon.JustinPittullo,POBox67,Hilo,Hawaii96721. LEELOY:Aloha,goodafternoon,SueLeeLoy.Mailingaddress121Waianuenue Avenue, Hilo. GRAHAM:Thank you, all. And I guess at this point we invite you to make whatever presentation you€d like to make to the Commission about your application and your project. ZELKO:Sure. After reviewing the conditions for approval, the one issue was Condition C, it has to do with the water. If you look at how it€s written there€s a requirement for this second 8-inch waterline along Ponahawai Street from the existing 12-inch waterline within Komohana Street, and connect to the existing 8-inch and 6-inch waterlines within Ponahawai Street to obtain this 2,000 gpm. And the way that DWS had originally written the agency comment to us, there was this other alternative provision if the Fire Department would allow for that. And in some of our informal discussion with the Fire Department there are other alternatives, such as an automatic sprinkler system; and so that€s what we were proposing. And that€s why the language that we€re proposing is that there are other alternatives, and if the Fire Department would be okay with that we€d like to do that. GRAHAM:All right, thank you. So, Jeff, do you have any comment on that or -? DARROW:I was just looking at the Department of Water Supply comment letter, Exhibit 3, and the last sentence on No. 3 appears to be what the applicant is referring to. GRAHAM:So in that regard I think the issue before us is maybe the applicant would prefer we don€t be so specific on Item C and that if the water can meet what the Fire Department needs they could be handle in other ways, is what you€d prefer? ZELKO:That is correct. GRAHAM:All right. Maybe we can read the Water Department€s letter ourselves here for just a second. 4EXHIBIT B HAYASHI:Mr. Chair? GRAHAM:Yes, Mr. Hayashi. HAYASHI:For clarification purposes of this proposed condition, may I ask the applicant as to what is meant by futurecommercial use? Does that also include the existing Single-Family dwelling that would be converted to Commercial use or it does not include that particular building? ZELKO:No, it does not include the building that is already there. It would be for future buildings. HAYASHI:So it€s future buildings? ZELKO:If there was ever future development on there, then the requirement, it wouldbeconditionedonthat. HAYASHI:IfthatisthecasethenIdon€tthinkthePlanningDirectorwouldbeableto support that particular change. If perhaps the word future‚ was deleted, then perhaps that could meet the intent of what we had proposed. ZELKO:Okay. I think one of the issues is the certificate of occupancy for the building that is already there, I mean conditioning it on that. HAYASHI:Yes. But in order to use the particular building -. You had a certificate of occupancy for a single family dwelling. But if you were to convert that to commercial use as the applicant intended to do, then they would have to come in for plan approval, that sort of thing, to convert that particular building from a single-family dwelling to a commercial building. And at that time when all of the requirements are completed then a certificate of occupancy would be issued for that new commercial use. ZELKO:In looking at one of the changes of zone ordinance for right down the road, which was Matsuno, I don€t know Sue if you want to point it out on the map up there, they were doing a change of zone on a much larger parcel than we were doing to CN-20. And the condition wasn€t as extensive as the one we were seeing for this; and that was our concern. GRAHAM:Mr. Yuen? YUEN:Just to follow-up on what Mr. Hayashi is saying, you€re trying to exempt the existing building from fire flow or fire protection requirements so that you can have commercial use on the existing building? ZELKO:Well, one of the things, I guess the issue is if it isn€t so specific we would be okay with it. It was a very extensive requirement for a 5800-square foot office building. And we were saying because it was so specific you had to do the second line from Komohana all the way down. That€s about 400 feet, I believe. And if it wasn€t so specific and we could go back to 5EXHIBIT B the Fire Department and ask for an allowance to do maybe the automatic sprinkler system, then I believe we would be okay with that on the existing building, would be fine. YUEN:Yeah, I think we€d be willing to have a condition that if you meet the Fire Department€s requirements for fire protection on any commercial building including the existing building we could modify the condition. But the question that Mr. Hayashi was asking you and that I just asked you again was, it sounded like you were trying to avoid those requirements on the existing building. ZELKO:No. We certainly want to do what the Fire Department requires. It was just the specifics of this second 8-inch waterline, if we could just put the language in there that says we will follow what the Fire Department says if there€s another alternative, since that€s what DWS had said in their letter, their agency comment, that there may be other alternatives. HAYASHI:Iguesstheconcernthatwehaveisthewordfuture.‚Andasindicated earlier when I asked you the question, your intent was to not have the existing structure which would be converted to a commercial establishment or commercial use not comply with this particular condition. Or did I misunderstand your response? ZELKO:Yes. Because I think our main concern was the specifics of that second 8- inch waterline since we were only talking about one building and we€re not doing a big apartment building or anything like that in the area. So as long as it wasn€t specific we€re okay with doing it, we€re okay. We would like, I mean we€re going to follow the Fire Department. HAYASHI:Yes, I understand that portion. The concern we have is the word future.‚ And if you€re willing to take out the word future‚ then perhaps we can agree with what you€re proposing and give you that other alternative that you€re seeking. ZELKO:Okay, yes, I understand that. (Discussion off the record with applicant.) I€m sorry, Commissioners. GRAHAM:Yeah, it€s all right. Go right ahead. PITTULLO:Hello? GRAHAM:Yes, sir. PITTULLO:Basic question -. We want to do everything up to Code as far as the Fire Inspector said. And just the occupancy of the building, I€ve already done -. It started as a single- family residence for my family, my mom, and my wife and child. And I planned to convert it, you know, to use it for office space. I€m a farmer, I€m also a builder. So I guess the main question for me is we€re about two to three weeks away from getting it finalized. Is this going to hang up the final on the house where we can have occupancy just for my family? GRAHAM:I think Mr. Hayashi can respond. HAYASHI:Yeah, if you€re going to be using that particular building as a single- family dwelling then sure you can get your occupancy. But once you intend to convert that to a 6EXHIBIT B commercial establishment or commercial use, then you€ve got to go through another process, you would have go through another certificate of occupancy process. PITTULLO:But it wouldn€t stop the final for the single-family residence? HAYASHI:Notifyou intend to use the property for single-family purposes. PITTULLO:So as long as we€re using it for single-family residence purposeswe can have the final on the existing structure, and the land itself can get rezoned to CN-20? Is that accurate? HAYASHI:Yeah. PITTULLO:Okay, so I have no problem with that. Just as long as the wording says thatiftheFireChief,FireInspectorokaysitandIcangetthefinalonthesingle-familyresidency and not use it for commercial space until the appropriate time, that€s fine. YUEN:We€ll work on something that says that. But you have to understand that you will get a final for your home as a home; and you will not be able to rent out office spaces until you get a new building permit, plan approval, and certificate of occupancy. ZELKO:Right. I think the main concern was getting the certificate of occupancy at this time since it is going to be used as a residence for right now. GRAHAM:Could you reread what your proposed condition is without the word future for our benefit? ZELKO:Sure. This is Condition C, In accordance with the Department of Water Supply€s Standards, the applicants shall extend a second 8-inch waterline along Ponahawai Street from the existing 12-inch waterline within Komohana Street to obtain the 2,000 gpm fire flow requirement or any alternative approved by the Fire Department prior to the receipt of a Certificate of Occupancy.‚ And maybe if it€s clear that he would be allowed to get that for a single family dwelling, at least for now since he€s only three weeks away. GRAHAM:Jeff? DARROW:I€m sorry, in that description you just read, you left out for any commercial use.‚ You wanted to take that out as well? I believe all that they€re asking for is the word future‚ deleted. ZELKO:That€s correct. DARROW:So you want the remainder to stay in? ZELKO:Yes. In fact, do you want me to read that again? DARROW:No, no. It€s just that that was -. 7EXHIBIT B ZELKO:Okay, okay. GRAHAM:We don€t have any public testifier signed up yet on this. If anybody here wants to speak to this application, please come over and sign in. Yes, Commissioner Siracusa? SIRACUSA:At our last Hilo meeting we took up an application for the AOAO Professional Building and the big issue there was parking, as you will recall. Now I€m looking at this and he wants to put a medical office space in there. And there€s only one place that parking is mentioned at all and that€s in Condition D which just refers very briefly to Plans shall identify proposed structure(s), fire protection measures, access roadway, driveway and parking stalls.‚ It doesn€t say anything about how many parking stalls or any other information. And I€m wondering why it was so brief here when we had in previous applications we€ve had so much more on parking, including, you know, a site plan showing where the proposed parking spaces were and how many there would be for the square footage and the, what is it, for 300 squarefeetandallofthat.SoIwaswonderingifeitherJeffortheDirectorcouldexplaintome why that€s not really addressed here. GRAHAM:Jeff? DARROW:Thank you, Mr. Chairman. A standard condition that we have in most rezonings, if not all, has to do with the applicants complying with construction or completion timelines; and prior to that they have to submit plans for plan approval. Plan approval is a very detailed comprehensive review of the project in light of the Zoning Code requirements, and more specifically in regards to parking, the amount of parking that would be required for that particular development. It also includes fire protection measures, access, driveway and parking stalls, as well as landscaping. So to be able to actually identify how many parking stalls are to be proposed for the particular development is, I would say, premature until they submit plans and they can actually identify how much commercial activity or how much floor space, and identifies the amount of parking that will ultimately be needed for the project. SIRACUSA:Follow-up, please? GRAHAM:Yes, Commissioner Siracusa. SIRACUSA:In the case where someone is preparing to build I can see where that would be the case. But here you have the existing building already so you know how much floor space there is. What I€m wondering is, and I don€t know how well to scale that map is, is there sufficient space on the parcel to accommodate the parking that would be allowed at, what is it, one space per 300 square feet or whatever it is? Because you already have that figure, you already have the building in place. I just want to make sure that the parcel can accommodate the legal amount of parking. GRAHAM:Jeff? DARROW:Yeah, in this particular application because there€s one acre of land there€s quite a bit of amount of area for parking, more so than if it was just a 20,000-square foot lot. GRAHAM:Commissioner Alameda? 8EXHIBIT B ALAMEDA:Thank you, Mr. Chair. I€m just curious, because you€re not planningto have commercial usage currently what made you come now forthis variance? PITTULLO:Well, again, just to be frank with the Commissioners here, if you go up Ponahawai Street, it€s sign every other lot. So, you know, I€m driving, building, saying what are all these signs about and, you know, I€m not the smartest guy in the world but, I mean, I can read. So, you know, that was basically the impetus for it, you know. GRAHAM:Any other questions from Commissioners? Yes, Commissioner Rho? RHO:On Exhibit 4, I guess, are pictures, and Exhibit 9. So I wanted to know what€s really around this property to the sides and to the rear and across the street. PITTULLO:Well,theChurchofLatterDaySaints,likewasalreadydetailed,ismakai and on the opposite side of the street. That really is the only structure in that area that is noteworthy. If you go further down Ponahawai you€re going to come to Kinoole Street and the cemetery. Once you pass the cemetery there€s the church, there€s the structure that I built, and that€s really it until you get to the medical facilities. So I don€t know if that answers your question, but really behind there€s not much and on the sides there€s not much going on. RHO:On Exhibit 4 at the top there€s a picture of a structure. What€s that? PITTULLO:That€s the medical facilities next to Komohana. RHO:And is the church that you€re talking about on the bottom? PITTULLO:Yeah, that would be makai approximately 800 to 1000 feet. RHO:And then on Exhibit 2, it€s like to the rear of your property there€s Komohana Heights. What€s -? PITTULLO: Yeah, to the rear of my property is all jungle bamboo. You can€t see any houses from the rear of the property. But, yes, that is correct, Komohana Heights is noted behind it. RHO:So, if your property was a neighboring property, I guess what I really want to know is where€s the boundary for Komohana Heights in relationship to your property or any other properties that lie along the way on Ponahawai? PITTULLO:I don€t know. I€m not familiar with the metes and bounds for Komohana Heights. Do we have that? I can tell you that if you€re looking from the back of my subject property you don€t see anything but jungle, or you don€t see any houses or anything else RHO:And do you know what Komohna Heights -? Okay, I got it. There€s a map, on the orange -. GRAHAM:All right, thank you. Anything else from the Commissioners? 9EXHIBIT B ALAMEDA:One more. GRAHAM:Commissioner Alameda? ALAMEDA:I asked you earlier, made sense to me your answer about why you€re coming now. Cause I do too, I pass there as well and we attend that church, and I see a lot of signs as well. But, so there€s a commitment here for five years. Are you willing to meet that? PITTULLO:Yes, I am. Like I have a farm, a 10-acre farm, and one of the things I do is I go to the farmers€ market in Hilo and I€m paying upwards of $200 to $240 every week just for the rental spaces there. So I would like to, you know, within the five-year time period submit a really nice plan that shows the parking and it shows everything and maybe have like a fruits and vegetable stand or outlet for vegetables grown on my property as well as my farm in Opihikao. Andthat€ssomethingyoucan€tdowiththeAG-1zoning,whichwasoneoftheearlyonthings that got me into this. I said, okay, if I plant and harvest here I can only sell what€s grown on this property. Well, I have a 10-acre farm in Opihikao and I pay $240 a week to go to the farmers markets. So why can€t I sell my vegetable and fruits from my other farm? The zoning says I can€t. So without this, I guess, I can apply for a special permit or do something else; but I€m really stuck with going to the farmers€ market. On a side note the owner down there, Keith, I don€t know if you know him, they€re going to do this whole renovation; and they€re going to shut down half of the farmers market for a substantial period of time, and then the other half, so all of those vendors are going to be misplaced. GRAHAM:Well, we still don€t have any public testimony so I guess we can formally close our questioning period, but you all can stay right there. But we€re going to just discuss amongst each other, I guess right now, where we go with this. Commissioner Alameda? ALAMEDA:I€m ready to make a motion. GRAHAM:Certainly. Wait a minute. Commissioner Watanabe. WATANABE:I have a question. You mentioned about, you know, without the zoning you can€t sell agricultural products that you grow in Opihikao. I think I€m on the right one, but doesn€t this say medical? PITTULLO:Yes. The Commissioner was asking about my intent in the early stages. He was trying to get my mindset as to why I applied and all in the first place. And I was just elaborating on my first answer about why it got to this point. But there€s a lot of property there and obviously there are different needs in the community. One of them is medical facilities and another one is a place where people can sell their fruits and vegetables. GRAHAM:Commissioner Alameda? ALAMEDA:Thank you, Mr. Chair. I move that a favorable recommendation be forwarded to the County Council on the application for a change of zone, Docket No. Rezoning 07-000061 based on the Planning Director€s recommendation and proposed conditions. 10EXHIBIT B WATANABE:Second. GRAHAM:And, Commissioner Alameda, we did have a little change to this Condition C with regard to meeting the fire requirements. You wanted to go with that change or want clarification from Jeff? ALAMEDA:No. I understand the change; and I€d like to go with that change as part of the motion. Do you need to rewrite or, go ahead. GRAHAM:Hold a second. ALAMEDA:Okay. GRAHAM:Mr.Yuen? YUEN:Yeah,Ithinkweneedtorewriteit;andI€verewrittensomething. ALAMEDA:Okay,canIheartheDirector€slanguage. YUEN:ItwouldbeinaccordancewiththeDepartmentofWaterSupply€s Standards, the applicants shall extend a second inch, okay, wait. Let me start again. We€re going to start with the beginning being the same. But for the sake of clarity I€m going to start reading the whole thing from the beginning and then I€ll stop when we start to change it. Okay, In accordance with the Department of Water Supply€s Standards, the applicants shall extend a second 8-inch waterline along Ponahawai Street from the existing 12-inch waterline within Komohana Street to obtain the 2,000 GPM fire flow requirement‚ and then this is new prior to the establishment of uses not allowed under the A-1a zone.‚ Okay? So they can do the things that they could do under their current zoning without extending the waterline. All right, then new sentence, and this is to cover what they just asked for, The applicant may have the alternative of converting the dwelling currently under construction to commercial use without extending the waterline, provided it meets all fire flow requirements of the Fire Department.‚ GRAHAM:Thank you, Mr. Yuen. ALAMEDA:Just checking, is there anything about certificate of occupancy? Do we need to mention that or is it implied? GRAHAM:Do we need anything additional, Mr. Yuen? YUEN:Let me look at that first. GRAHAM:Okay. YUEN:Well, to me it€s implied. ALAMEDA:Mr. Chair, can I check with the applicant to see if that language is okay? 11EXHIBIT B GRAHAM:Yes. ZELKO:Yes, that language is fine. GRAHAM:Thank you. ALAMEDA:Okay. Mr. Chair, do I need to restate my motion and -? Or can I just defer for the record to Mr. Yuen€s language? GRAHAM:I think you can just go with Mr. Yuen€s language for Condition C. ALAMEDA:Okay, so noted. GRAHAM:And we did have a second, I believe. But I don€t recall who that was. Do wehaveasecondtoMr.Alameda€smotion?Commissioner-? WATANABE:I€llsecond. GRAHAM:Okay.Sothemotionismadeandsecondedforafavorable recommendation that it be sent to the County Council with the Director€s suggested conditions of approval and as modified Condition C. Any discussion on the motion? Jeff? DARROW:Thank you. Mr. Chairman, with that I will take the roll call. Commissioner Alameda? ALAMEDA:Aye. DARROW:Commissioner Siracusa? SIRACUSA:Aye. DARROW:Commissioner Domingo? DOMINGO:Aye. DARROW:Commissioner Iwashita? NOMURA:He€s not here. DARROW:Oh, excuse me. Commissioner Rho? RHO:Aye. DARROW:Commissioner Watanabe? WATANABE:Aye. DARROW:Commissioner Woodward? 12EXHIBIT B WOODWARD:Aye. DARROW:And Mr. Chairman? GRAHAM:Aye. DARROW:The motion passes seven to zero. ZELKO:Thank you. LEE LOY:Thank you. PITTULLO:Thank you. GRAHAM:You will receive written notice also. The discussion ended at 3:20 p.m. Respectfully submitted, Sharon M. Nomura, East Hawaii Secretary 13EXHIBIT B